Articles Posted in US Court of Appeals for the Eleventh Circuit

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The Eleventh Circuit granted a petition for review of the BIA's final order of removal. The BIA affirmed an IJ's finding that petitioner was removable under 8 U.S.C. 1227(a)(1)(A) for having willfully made a material misrepresentation on his application to adjust his status to that of a lawful permanent resident. The court held that, because he had not been confined in a prison, petitioner did not make a misrepresentation on his application for an adjustment of his status to become a lawful permanent resident of the United States when he answered "no" to Question 17 on his application. View "Alfaro v. U.S. Attorney General" on Justia Law

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Petitioner, a citizen of Guyana and lawful permanent resident of the United States, petitioned for review of the BIA's order upholding the IJ's finding that he was removable under 8 U.S.C. 237(a)(2)(A)(iii). The Eleventh Circuit granted the petition, holding that petitioner's prior conviction for violating Florida Statute 893.13(1)(a) did not constitute an aggravated felony. In this case, the Florida statute is divisible and, under the modified categorical approach, a conviction for delivery of a controlled substance under section 893.13(1)(a) does not qualify as an aggravated felony. View "Gordon v. U.S. Attorney General" on Justia Law